14 October 2009

Birther Suit Lawyer Self-Destructs

A recent episode of this season's Heroes program on NBC featured an office worker at Hiro's company who was fire for photocopying his butt at the Christmas party and was on the verge of committing suicide when he called Hiro's dial-a-hero service, not to save himself, but to secure a witness for who suicide. Hiro goes back in time, repeatedly, trying to saving him, only to discover the employee doing one thing after another to torpedo himself. Ultimately, Hiro sits the employee down and explains that if you really, really hate your job, it is better to find a new line of work than to intentionally screw up, get fired and kill yourself over it.

Orly Taitz is acting like Hiro's employee.

Orly Taitz is a California attorney. . . . Taitz, who likes to refer to herself as “Dr. Orly Taitz Esquire,” has a law degree from distance learning school Taft and a dental degree from Hebrew University.

She is a key figure in the "birther movement" and created a related non-profit.

Earlier this year, Taitz went to federal court (M.D. Ga.) to request a restraining order on behalf of Army doctor Connie Rhodes preventing Rhodes’s deployment to Iraq. Taitz claimed that the deployment order was illegal because President Obama is not legally president, and attached among her evidence the obviously-faked Kenyan birth certificate for Obama that has circulated on the Internetz.

Federal judge Clay Land aborted that birther suit and reprimanded Taitz for filing a frivolous lawsuit. . . .

Yet Taitz is still laboring over this suit and filed an order challenging Land’s dismissal of the case. He responded by giving her a two-week deadline to explain why he shouldn’t sanction her and fine her $10,000. On the deadline, she filed a motion to recuse Land from the case. . . . Judge Land decided to double the amount of the fine. Now, Taitz has 30 days to pay $20,000.

Her client informed that court that Taitz had been taking action not as her lawyer, but as her ex-lawyer. Taitz's client plans on grieving her.

Judge Land's order says:

The absolute absence of any legitimate legal argument, combined with the political diatribe in her motions, demonstrates that Ms. Taitz’ purpose is to advance a political agenda and not to pursue a legitimate legal cause of action. Rather than citing to binding legal precedent, she calls the president names, accuses (Land) of treason and gratuitously slanders the president’s father. [Taitz’s arguments are] shockingly devoid of reality. . . . [Her allegations of judicial bias is] breathtaking in its arrogance and borders on delusional. She expresses no contrition or regret regarding her misconduct.

When asked by a blogosphere reporter whether she would pay the $20,000 fine, she said: "Are you kidding? Of course not. This is a form of intimidation.”

The judge is sending a copy of the Order to the California State Bar.

It is fair to guess that Orly Taitz won't be a lawyer much longer. A willful decision to bring frivilous litigation often receives a modest and intermediate sanction. But, bringing a lawsuit in the name of someone who isn't really your client anymore is a direct route to disbarment.


Paul said...

Was $20K fine enough? Maybe when Taitz becomes a real lawyer she will appreciate what just happened. I wonder if she is a mail order bride, just like her law degree? She is perfect for a reporter job with "Fake News".

Michael Malak said...

While I think the birther movement is self-destructuve (what do they expect to accomplish -- who do they think will replace Obama and why do they think such a replacement will advance policies any different than Obama's policies?), I believe there are legitimate questions.

However, Taitz is clearly torpedoing any legitimate arguments, in exactly the same way Dan Rather blundered the Bush/National Guard issue by advancing a patently fraudulent document.

Taitz and Rather are both obviously blunderers, but the question is whether those in power are taking any steps to encourage or allow this blundering to take place.